Malicious grievance - what happens next? (sorry, long!)

[magicmummy1]

My apologies, first of all - this is very long!

I have been named by one of my staff in a grievance. Essentially, this is in response to ongoing performance issues that I have been addressing with her. The performance issues are extremely serious in nature, and have a very negative impact on our service and on the rest of the team - she is a team leader, and the staff who she manages are constantly complaining to me about her.

I am entirely confident that I haven't done anything wrong, and I know that I have dealt with the performance issues as sensitively and supportively as I could have done, but obviously, my feedback has sometimes been difficult for her to hear. I think her response has been exacerbated by undisclosed mental health problems which have been mentioned "off the record" by her union representative. Thankfully, I have the full support of HR and my manager, who have been consulted at each and every step of the way.

I believe that it is the employee's intention to use this grievance to delay the start of formal capability procedures, which she knows that I wish to pursue, and she has gone out of her way to string out the process for as long as humanly possible - postponing meetings, failing to provide evidence when required, asking for someone different to hear the grievance etc. This has been going on for over four months now.

I know, and can prove beyond all doubt, that the allegations are untrue, and so I am not worried about the outcome of the grievance itself, as I know that it couldn't possibly be upheld - fortunately, I have been very careful about recording everything in writing, as I had an idea that things might end up getting messy. Essentially, I just have to wait for them to reach a decision. This won't happen until next week, as a further colleague has also been named in the grievance and is yet to be interviewed.

I am also absolutely sure in my own mind that the grievance is malicious in nature, and I believe that I can prove this - the employee has made a number of statements against me that I can prove she knew to be untrue. I also have reliable witnesses who have informed me that she has attempted to pin blame to me and to a colleague for mistakes that she herself has made.

The last few months have been immensely stressful, and I have found recent weeks particularly difficult - I have had no choice but to continue managing this person, knowing that she has made false allegations against me, and knowing that I haven't yet had a proper right to reply. The other colleague named in the grievance has now gone off on stress-related sick leave. The grievance procedures for my workplace are very heavily tilted in favour of the complainant, and my rights in all of this seem to be almost non-existent. I have written to the Director of HR about this, and he agrees that the procedures need to be revised. This is currently in process, but obviously it's too late for my particular case.

I am normally a pretty calm and stable person, but I feel hugely angry with my employer for the position that they have put me in, and furious with the employee for making claims which are patently false. My sleep has been severely disturbed, I'm getting loads of headaches, and I find myself bursting into tears all over the place - I just feel that the whole thing is so unjust, and I'm getting thoroughly depressed by it.

Anyway, after all that, what I really want to know is, if the employee's grievance is found to be malicious, as I expect, what happens next? I am presuming that a malicious grievance will not be viewed as gross misconduct, and she will not therefore be dismissed for this, but are we just supposed to carry on as if nothing has happened? Honestly speaking, I really don't want to manage this person after everything that has happened, and I don't see how we can ever have a normal working relationship - especially as the performance issues are not going to go away and I am going to have to proceed with the capability process whether she likes it or not. But can I actually refuse to manage someone because I find it too stressful to be around her?!!

Thanks for your help!

I don't know what the answer here is but surely if she's found to have made a malicious and false allegation against you, resulting in stress etc. then you would be within your rights to raise your own grievance against her for bullying which is, in most companies, gross misconduct, a dismissable offence.

Have a look at the ACAS website for starters, in particular this.

It sounds a horrible situation for you. Please remember to look after yourself during this. She sounds like a nasty piece of work who will try to screw you over - you'll need to stay on your toes. Have you got support in RL?

hr should be present at all further meetings with her, to prove due process is followed and protect you - cant believe you have been left with thos on your own

It's a horrible situation to be in and I feel for you but I'm not sure why you are so 'hugely angry' with your employer for the position 'they' have put you in? You say HR and your manager are all supportive of you? Surely it's this one individual who has put you in this situation, not your employer? They have a grievance procedure and are rightly following it as someone has raised a grievance. If it's a malicious grievance that will be established as a result of following the procedure but until then they should treat it as any other grievance.

A grievance procedure doesn't usually have loads of stuff in about rights of the person the individual is raising the grievance about. It's supposed to be a procedure to help the complainant, that's the whole point. What do you think could/should be in the grievance procedure to help you exactly? I'm not asking that in an accusatory way at all, I'm genuinely interested what you think the procedure is lacking.

If it's a malicious grievance entirely without foundation you are within your rights to expect some action once that has been established, so could bring disciplinary action against her at that point.

I agree with Fio that a meeting with your manager and HR is called for, explaining your concerns, asking what action can be taken should it become clear the grievance is malicious as you expect it to be, and pointing out that you managing this person is going to be next to impossible.

Sounds to me as though that's unlikely. It's all classic stuff, performance concerns leading to disciplinary action, delaying grievance, signed off with stress. I can't imagine she will come back tbh. The grievance will be heard, it will not be upheld, the next step for her will be disciplinary action in terms of performance and the malicious grievance, she's off with stress anyway, I predict a resignation along the line.

That doesn't help you now I know, I've just seen it all before billions of times

Think I'm right in saying that it's your colleague who's off with stress and not the complainant.
The outcome of a grievance could be disciplinary action - possibly gross misconduct depending on the severity and reasons for malicious complaints or it could also be deemed that there is a fundamental breakdown in the employment relationship. However, we can't see into the future.

It sounds as if it will be completed by next week so not much longer to wait.

Wow, thanks all for the replies.

Yes, happyshopper, that's right. The other colleague named in the grievance has gone off on stress, but the complainant is still in work.

Flowerybeanbag, I'm angry with my employer because they have allowed the issue to drag on for so long and expected me to continue managing the person in question all the while. I know that it's common for people facing performance issues to bring grievances against their managers, and when I was first told about the complaint, I was OK because I felt that it went with the territory. However, four months later, it's still going on, and although I really hope it might finally be resolved next week, I don't know what trick she will pull out of the bag next! And even if they do make a decision next week, she'll still have the right of appeal. In answer to your question, I just feel that there should be some clearer timelines specified in the policy, so that people named in the grievance should know how long things are likely to take, and to prevent things from dragging on indefinitely. I also think that the grievance should be dismissed after a certain period if the complainant persistently refuses to produce any evidence.

I really feel that my employers could have put a stop to all the delay tactics a long time ago, and I genuinely can't understand why they haven't done this. Whenever I query it, I am told by my manager (who shares my impatience) that they think this will all end up in tribunal, and they want to be able to show that they have given her every possible opportunity to be heard, and to succeed in her role etc. And I find myself thinking, that's all very well, but what about me?!!!

The complainant has effectively been given four months to produce some evidence of her complaint. I was told four months ago that I had been named, but only received a written summary of her complaint a week ago, and even this was just full of unsubstantiated allegations. I was asked to attend a hearing within 24 hours of receiving this document, and at that meeting, I was asked to respond to further details of her allegation which I had never seen or heard before. I went along anyway because I didn't have anything to hide, but I don't think it's fair for them to investigate in this way, and I don't even think they have followed the existing grievance procedures properly. For example, they didn't bother to tell me or my colleague that we had a right to be accompanied to the meeting either, even though we do, and even though they have been careful to tell her this at each step of the way. I just feel that our rights have been neglected because they know we're not going to take them to tribunal about it all.

Bottom line is, she still hasn't produced any specific evidence after all this time, and in the absence of this, I feel that her complaint should have been dismissed a long time ago.

Fiolondon, I wish I was coping as well as you seem to think - I feel a complete mess. :( Honestly speaking, I have considered going off on stress myself, as I have been so worked up about the whole thing and it is definitely impacting on my physical health. I have never known myself to be like this. However, I have always felt that going off with stress is bit of a cop-out, and so I have kept on going. Maybe I do try too hard in work to keep it all together, though - I have burst into tears on my manager several times, and I have already told him and HR about the effect that this is all having on me. I have put it in writing too. They just keep telling me to be patient, but for how much longer??!

I really wish they could just suspend her while this is all being dealt with - or even suspend me! - but unfortunately, that doesn't seem likely to happen because she would fight against this like mad. Anyway, I will ask! For the time being, hotbot, I have said that I am not prepared to meet with her on a 1:1 basis until the grievance has been resolved, but that actually makes it very difficult to line manage her, especially when she's constantly messing things up all the time.

Sandstorm, thanks for the link. I'll definitely have a look at the acas website. Thankfully, I do have good support in RL - some close friends, my sister and my parents. I can't talk to my OH about it much any more, because he is furious that my employers have allowed the situation to go on for so long (it was stressful enough even before she submitted the grievance, in light of her performance issues and mental health problems). I am trying to look after myself through all of this, but it's very difficult not to let it take over sometimes.

Flowerybeanbag, I wish I could believe that a resignation might be on its way soon, but I honestly don't believe that this woman will ever resign. She is very tenacious, and doesn't appear to have much going on in her life outside of work - I think she will definitely hang on until she is pushed. To be honest, I'm more likely to resign than she is, but that isn't a decision I'd take lightly, given that I moved my family half way across the country for this job last year.

Thanks again all for your help and advice - it's much appreciated.